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2.0

Trump administration seeks repatriation of unaccompanied Central American children without TVPRA protections

  1. Original Date Announced

    August 29, 2025

    CNN reports that the Trump administration "is moving to repatriate hundreds of Guatemalan children in government custody who arrived in the United States alone . . . The administration has identified more than 600 children from Guatemala in the custody of the Health and Human Services Department, which is charged with their care until they can be released, to potentially deport as a part of a pilot program in coordination with the Guatemalan government . . . The children, ranging in age, are believed to not have a parent in the US, though they may have a relative."

    According to subsequent litigation, the administration has also attempted to deport unaccompanied children from Honduras.

    Trump 2.0 [ID #1953]

    2025.08.29 Reported: Trump administration plans to send hundreds of Guatemalan children in government custody back to home country - CNN
  2. Subsequent Trump and Court Action

    August 31, 2025

    2025.08.31 Order Granting Preliminary Injunction - T.S. v. Francis

    Judge Georgia Alexakis of the Northern District of Illinois issued a preliminary injunction ordering the government not to transfer the petitioner, an unaccompanied minor in the custody of the Office of Refugee Resettlement (ORR), to Immigration and Customs Enforcement (ICE). If the petitioner had already been transferred, Judge Alexakis ordered the government to provide information on his whereabouts. The court further ordered the government not to transfer the petitioner outside of the Northern District of Illinois or the United States. T.S. v. Francis, 1:25-cv-10428, (N.D. Ill.)

    **Link to case here. See litigation note above.**

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  3. Subsequent Trump and Court Action

    August 31, 2025

    2025.08.31 TRO - Kettlewell v. Noem

    Judge Rosemary Marquez of the District of Arizona issued a preliminary injunction in a lawsuit brought by the Florence Immigrant and Refugee Rights Project (FIRRP) enjoining the government from removing from the custody of the Office of Refugee Resettlement 53 unaccompanied children from Guatemala. The court found that "the evidence creates serious questions whether Defendants are attempting to remove Plaintiff Children in violation of the TVPRA and their rights to removal proceedings before an immigration judge." Kettlewell v. Noem, 4:25-cv-00491, (D. Ariz.)

    **Link to case here. See litigation note above.**

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  4. Subsequent Trump and Court Action

    August 31, 2025

    2025.08.31 Complaint - L.G.M.L. v. Noem

    Ten unaccompanied children from Guatemala and the Young Center for Immigrant Children's rights, seeking to represent a class of similarly situated individuals, sued the Departments of Homeland Security, Health and Human Services, Justice, and State, alleging that the Trump administration is attempting to unlawfully deport the plaintiffs and putative class members to Guatemala without providing them due process or access to counsel. Plaintiffs argue that such removals violate the Trafficking Victims Protection Reauthorization Act of 2008, the Due Process Clause of the Fifth Amendment, the Immigration and Nationality Act (INA), and the Foreign Affairs Reform and Restructuring Act of 1998, and contravene HHS regulations regarding the treatment of unaccompanied children. Plaintiffs also allege that the administration is discriminating against the plaintiffs based on their national origin in violation of the Equal Protection clause of the Fifth Amendment. The plaintiffs request an injunction against their removal and a declaration that they are entitled to the proper proceedings. L.G.M.L v. Noem, 1:25-cv-02942, (D.D.C.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

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  5. Subsequent Trump and Court Action

    August 31, 2025

    2025.08.31 Minute Orders - L.G.M.L. v. Noem

    Judge Sparkle L. Sooknanan granted a Temporary Restraining Order (TRO) and multiple minute orders prior to and during a hearing on plaintiffs' motions for a TRO and class certification. On the morning of the hearing, Judge Sooknanan ordered that the government, "shall not transfer, repatriate, remove, or otherwise facilitate the transport of any Plaintiff or member of the putative class from the United States for 14 days absent further Order of the Court." That evening, Judge Sooknanan issued multiple further orders requiring the government to "deplane[] and move[] back into the custody of ORR" all members of the putative class, defined as including "all Guatemalan unaccompanied minors in Department of Health and Human Services Office of Refugee Resettlement custody as of 1:02 AM on August 31, 2025, the time of the filing of the Complaint, who are not subject to an executable final order of removal." L.G.M.L v. Noem, 1:25-cv-02942, (D.D.C.).

    **Link to case here. See litigation note above.**

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  6. Subsequent Trump and Court Action

    September 5, 2025

    2025.09.05 Petitioners' press release announcing Amended Complaint - Kettlewell v. Noem

    The Kettlewell plaintiffs filed an amended complaint alleging that the Trump administration is also attempting to removed minors from Honduras without complying with the requirements of the TVPRA. Kettlewell v. Noem, 4:25-cv-00491, (D. Ariz.).

    **Link to case here. See litigation note above.**

    View Document

Current Status

None

Original Trump Policy Status

Trump Administration Action: Change in Practice
Subject Matter: Minors
Agencies Affected: ICE ORR DOJ

Commentary

  • 2025.08.31 Reported: Emergency Hearing over the Removal of Unaccompanied Minors to Guatemala - Lawfare

    Anna Bower of Lawfare reports on the hearing in L.G.M.L. v. Noem before Judge Sparkle Sooknanan, providing a detailed account of how the hearing unfolded.

    Go to article
  • 2025.09.03 Reported: Guatemalan document undercuts US claims on child deportations - Reuters

    Reuters reports that, contrary to statements made by Justice Department attorneys, many of the parents of children targeted for repatriation did not want their children returned to Guatemala. According to a report prepared by the Guatemalan attorney general's office, more than half parents of the parents interviewed were surprised by the news and expressed resistance to the idea of their children being forced to return, many citing economic and safety conditions. Moreover, Reuters reports that although the Guatemalan government had initially agreed to receive migrants nearing the age of 18, they were blindsided when the Trump administration changed the scope of the plan seemingly overnight to include children as young as 10.

    Go to article

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